Alcohol etc. (Scotland) Act 2010
| Year | 2010 |
Alcohol etc. (Scotland) Act 2010
2010 asp 18
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 10th November 2010 and received Royal Assent on 15th December 2010
An Act of the Scottish Parliament to make provision regulating the sale of alcohol and licensing of premises on which alcohol is sold and to make provision for the imposition of charges on holders of licences granted under the Licensing (Scotland) Act 2005 and the Civic Government (Scotland) Act 1982.
PART 1
ALCOHOL LICENSING
Pricing of alcohol
1 Section: duration of amendments
(1) The amendments made by section expire at the end of the 6 year period, unless an order is made under subsection (2).
(2) The Scottish Ministers may, after the end of the 5 year period but before the end of the 6 year period, by order made by statutory instrument provide that the amendments are to continue in effect despite subsection (1).
(3) The Scottish Ministers may by order made by statutory instrument make such provision (including provision modifying any enactment) as may be necessary or expedient in consequence of the expiry of the amendments by virtue of subsection (1).
(4) An order under subsection (2) or (3) is not to be made unless a draft of the statutory instrument containing the order has been laid before and approved by resolution of the Scottish Parliament.
(5) In this section-
"the 5 year period" means the period of 5 years beginning with the day on which section comes fully into force, and
"the 6 year period" means the period of 6 years beginning with that day.
2 Minimum price of packages containing more than one alcoholic product
(1) The 2005 Act is amended as follows.
(2) In schedule 3 (premises licences), before paragraph 7 insert-
"6B(1) A package containing two or more alcoholic products (whether of the same or different kinds) may only be sold on the premises at a price equal to or greater than the sum of the prices at which each alcoholic product is for sale on the premises.
(2) Sub-paragraph (1) applies-
(a) only where each of the alcoholic products is for sale on the premises separately, and
(b) regardless of whether or not the package also contains any item which is not an alcoholic product.
(3) In this paragraph, "alcoholic product" means a product containing alcohol and includes the container in which alcohol is for sale.".
(3) In schedule 4 (occasional licences), before paragraph 6 insert-
"5B(1) A package containing two or more alcoholic products (whether of the same or different kinds) may only be sold on the premises at a price equal to or greater than the sum of the prices at which each alcoholic product is for sale.
(2) Sub-paragraph (1) applies-
(a) only where each of the alcoholic products is for sale on the premises separately, and
(b) regardless of whether or not the package also contains any item which is not an alcoholic product.
(3) In this paragraph, "alcoholic product" means a product containing alcohol and includes the container in which alcohol is for sale.".
3 Off-sales: variation of pricing of alcoholic drinks
(1) The 2005 Act is amended as follows.
(2) In paragraph 7 of schedule 3 (pricing of alcohol: premises licences), after "premises" in both places it occurs insert "for consumption on the premises".
(3) After that paragraph insert-
"7A Where the price at which any alcohol sold on the premises for consumption off the premises is varied-
(a) the variation (referred to in this paragraph as "the earlier price variation") may be brought into effect only at the beginning of a period of licensed hours, and
(b) no further variation in the price at which that alcohol is sold on the premises may be brought into effect before the expiry of the period of 72 hours beginning with the coming into effect of the earlier price variation.".
(4) In paragraph 6 of schedule 4 (pricing of alcohol: occasional licences), after "premises" in both places it occurs insert "for consumption on the premises".
(5) After that paragraph insert-
"6A Where the price at which any alcohol sold on the premises for consumption off the premises is varied-
(a) the variation (referred to in this paragraph as "the earlier price variation") may be brought into effect only at the beginning of a period of licensed hours, and
(b) no further variation in the price at which that alcohol is sold on the premises may be brought into effect before the expiry of the period of 72 hours beginning with the coming into effect of the earlier price variation.".
Drinks promotions
4 Off-sales: restriction on supply of alcoholic drinks free of charge or at reduced price
(1) The 2005 Act is amended as follows.
(2) In paragraph 8(3) of schedule 3 (premises licences: restriction on certain irresponsible drinks promotions to apply to on-sales only), for "(b) to (d)" substitute "(c) to (e)".
(3) In paragraph 7(3) of schedule 4 (occasional licences: restriction on certain irresponsible drinks promotions to apply to on-sales only), for "(b) to (d)" substitute "(c) to (e)".
5 Off-sales: location of drinks promotions
(1) Schedule 3 to the 2005 Act (premises licences) is amended as follows.
(2) In the italic cross heading before paragraph 13 (display of alcohol for consumption off the premises), after "Display" insert ", or promotion of the sale,".
(3) In paragraph 13, after sub-paragraph (1) insert-
"(1A) Sub-paragraphs (1B) to (1D) apply where the premises, in so far as they are used for the sale of alcohol, are so used only or primarily for the sale of alcohol for consumption off the premises.
(1B) Any drinks promotion on the premises may take place only in any one or more of the following-
(a) an area referred to in sub-paragraph (1)(a) and (b),
(b) a room on the premises which is used for offering the tasting of any alcohol sold on the premises (for consumption off the premises) and the resulting tasting and is separate from those areas.
(1C) A drinks promotion in connection with the premises may not take place in the vicinity of the premises.
(1D) For the purposes of sub-paragraph (1C), the "vicinity" means the area extending 200 metres from the boundary of the premises (as shown on the layout plan).".
(4) In that paragraph-
(a) after sub-paragraph (2)(a) omit "or",
(b) after sub-paragraph (2)(b) add-
"(c) a branded non-alcoholic product, or
(d) a newspaper, magazine or other publication.",
(c) after sub-paragraph (2) insert-
"(2A) Sub-paragraph (2) is without prejudice to sub-paragraph (1B).".
(5) In that paragraph, after sub-paragraph (3), add-
"(4) In this paragraph-
(a) bears a name or image of, or
(b) is an image of,
an alcoholic product (namely, a product consisting of or containing alcohol),
(a) a branded non-alcoholic product for sale on the premises, or
(i) for sale on the premises, or
(ii) if not for sale on the premises, which does not relate only or primarily to alcohol.".
Age verification policy
6 Requirement for age verification policy
(1) The 2005 Act is amended as follows.
(2) In schedule 3 (premises licences), after paragraph 9 insert-
"Age verification policy
9A(1) There must be an age verification policy in relation to the sale of alcohol on the premises.
(2) An "age verification policy" is a policy that steps are to be taken to establish the age of a person attempting to buy alcohol on the premises ("the customer") if it appears to the person selling the alcohol that the customer may be less than 25 years of age (or such older age as may be specified in the policy).
(3) The condition specified in this paragraph does not apply in relation to any sale of alcohol which takes place on the premises merely by virtue of being treated, by section 139, as taking place on the premises.".
(3) In schedule 4 (occasional licences), after paragraph 8 insert-
"Age verification policy
9(1) There must be an age verification policy in relation to the sale of alcohol on the premises.
(2) An "age verification policy" is a policy that steps are to be taken to establish the age of a person attempting to buy alcohol on the premises ("the customer") if it appears to the person selling the alcohol that the customer may be less than 25 years of age (or such older age as may be specified in the policy).
(3) The condition specified in this paragraph does not apply in relation to any sale of alcohol which takes place on the premises merely by virtue of being treated, by section 139, as taking place on the premises.".
Modification of mandatory conditions
7 Premises licences: modification of mandatory conditions
(1) Section 27 of the 2005 Act (conditions of premises licence) is amended...
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